When a person creates a will, most people assume that the will itself fully controls who gets what after death. In many cases, that’s true. But Michigan law gives a surviving spouse an important legal right that can change the outcome. Even if a will leaves a husband or wife very little, or leaves them out entirely, the surviving spouse might still be able to claim a portion of the estate through the elective share. Let our qualified Muskegon attorney explain how the elective share works to help you understand your rights and decide whether filing for one makes sense in your case.
- What Is the Elective Share Under Michigan Law?
- How the Elective Share Is Calculated
- Common Disputes Involving Elective Share Claims
- Protecting Your Estate or Your Rights as a Surviving Spouse
What Is the Elective Share Under Michigan Law?
Under Michigan law, the elective share is a statutory right that allows a surviving spouse to choose to take a set portion of the deceased spouse’s estate instead of accepting what was left to them in the will. It serves as a safeguard for surviving spouses against disinheritance and provides them a legal remedy when the estate plan does not provide for them fairly.
If the decedent died with a will, the law gives the surviving spouse clear options. The surviving spouse can choose to follow the terms of the will, or elect to receive one-half of the share the spouse would have received if the decedent had died intestate, reduced by one-half of the value of property already received from the decedent outside of testate or intestate succession.
Note that the spouse is limited to one choice, and the election must be exercised during the spouse’s lifetime and within the required deadline, within 63 days after the date for presentment of claims or within 63 days after service of the inventory, whichever is later. That’s why surviving spouses need to act quickly and get clear guidance on what the elective share might include.
How the Elective Share Is Calculated
The elective share in Michigan is not always based only on the property that passes through probate. While the probate estate includes assets owned solely by the deceased person and controlled by the will, the calculation might involve a broader view of what the surviving spouse has already received. That’s why people often hear the term “augmented estate” discussed in these cases. The law looks beyond the will itself to determine whether the surviving spouse has already received enough through other transfers and whether an additional elective share claim is appropriate.
In many situations, non-probate assets can affect the final calculation. These might include joint accounts, payable-on-death accounts, life insurance proceeds, retirement accounts with named beneficiaries, and assets held in trust. Property that the surviving spouse already received through these channels might be counted as an offset, reducing what the surviving spouse can still claim from the estate. That prevents double recovery and helps Muskegon courts evaluate the spouse’s actual benefit from the deceased spouse’s property rather than focusing only on the probate estate.
For example, suppose a husband dies with a will leaving most of his probate assets to adult children from a prior relationship, while his wife receives only a small cash gift. At first glance, the wife might appear largely disinherited. But if the probate estate is worth $300,000, and she has already received $50,000 from a joint bank account and $25,000 from a beneficiary designation, those amounts might offset what she can still recover. The final amount depends on careful calculation, not guesswork, which is why many families turn to a local Muskegon attorney for legal guidance.
Common Disputes Involving Elective Share Claims
Elective share disputes often arise when a surviving spouse believes the will does not reflect what Michigan law allows them to receive. Here are the common conflicts tied to elective share claims:
Cut-Out Spouses
One of the most common disputes involves a surviving spouse who was left out of the will entirely or received far less than expected. The spouse might use the elective share to challenge the will and seek the portion allowed under Michigan law. These cases usually come as a surprise to children or other beneficiaries who believed the will would fully control the distribution of assets.
Blended Families
Second marriages and blended families often give rise to the most complicated estate disputes. The person executing the will might want to leave most of their estate to children from a prior relationship, while the current spouse expects stronger financial protection. That difference in expectations can lead to conflict the moment probate begins, especially if the will favors one side of the family over the other.
Marital Agreements
Prenuptial or postnuptial agreements might include terms that waive or limit a surviving spouse’s inheritance rights, including the right to an elective share. When an estate dispute arises, the conflict often centers on the validity and enforceability of such agreements. Challenges usually focus on whether there was full financial disclosure from both parties or whether the terms were equitable at the time of execution.
Asset Concerns
Some disputes arise because family members believe assets were moved or structured in a way that unfairly reduced what the surviving spouse can claim. These might involve allegations that someone used undue influence over the deceased, changed beneficiary designations at the last minute, shifted property into trusts, or manipulated joint ownership arrangements to limit the spouse’s recovery.
Protecting Your Estate or Your Rights as a Surviving Spouse
When planning your estate, it’s important to identify possible elective share issues early. A will that appears straightforward might still expose the estate to claims if a surviving spouse was left with less than Michigan law allows. Early legal analysis can help you understand potential exposure before probate moves too far forward, review how probate and non-probate transfers might be treated, avoid costly litigation, and protect family relationships.
Bowen Hoogstra Law is here to provide you with practical, informed legal guidance. Our experienced Muskegon attorneys can assist whether you want to protect an estate plan from future challenges or assert your rights as a surviving spouse after the death of your loved one. We are ready to evaluate your position, explain your options, and build a strategy based on the facts of your case. Contact us today at (231) 726-4484 or here to schedule a consultation.